Babu vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1882474
CourtKarnataka Orders High Court
Decided OnJul-29-2024
Case NumberCRL.P/2534/2023
JudgeM.Nagaprasanna
AppellantBABU
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 29th day of july, 2024 before the hon'ble mr justice m.nagaprasanna criminal petition no. 2534 of 2023 between:1. babu s/o sabusab, aged about 60 years, r/at no.517, 3rd divgan, near snsh school sp layout, jigani, anekal, bangalore, karnataka-560105.2. sufiyan pasha s/o sheik babu, aged about 29 years, r/at no.42, 11th main road, opp water tank, btm 1st stage, bangalore south, bangalore,digitally signed 3. salman pasha by nagaveni s/o babu, location: high aged about 32 years, court of r/at no.51,karnataka 8th main, harmoni apartment, vtc dharmaram college, bangalore,4. sheik zubair pasha s/o babjan, aged about 21 years, r/at no.70/a, 10th main, 1st cross, btm layout, 1st stage, bangalore. -2-5. susan @ syed shehazaan pasha s/o syed azmathulla, aged about 30 years, r/at no.22, 2nd cross, bangalore-560029 …petitioners (by sri. syed khaleel pasha, advocate) and:1. the state of karnataka rep. by jigani police, bangalore rep. by public prosecutor high court building bengaluru - 560 0012. tajunissaw/o pasha, aged about 50 years, r/at c/o arif, jigani town, rajiv gandhi nagar, near nithyananda high school, jigani hobli, anekal taluk, bengaluru district, karnataka-562106 …respondents (by sri. jagadeesha b.n., addl. spp for r1) this crl.p is filed u/s.482 cr.p.c praying to quash the fir in cr.no.40/2023 registered by jigani p.s for an alleged offence p/u/s 143, 147, 148, 149, 323, 341, 354, 504, 506 of ipc, which is pending on the file of additional civil judge (jr.dn.) and j.m.f.c., anekal, bengaluru rural district. this petition, coming on for admission, this day,order was made therein as under:coram: hon'ble mr justice m.nagaprasanna -3-oral orderlearned additional state public prosecutor sri.b.n.jagadeesha submits that during the pendency of the petition, the police after investigation have filed the final report-charge sheet.2. in the light of filing of the charge sheet, learned counsel appearing for the petitioners seeks leave of this court to withdraw the petition and rise a challenge to the charge sheet.3. liberty so sought is granted. the petition is disposed as withdrawn. sd/- (m.nagaprasanna) judge kg list no.: 1 sl no.: 5
Judgment:

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2534 OF 2023 BETWEEN:

1. BABU S/O SABUSAB, AGED ABOUT 60 YEARS, R/AT NO.517, 3RD DIVGAN, NEAR SNSH SCHOOL SP LAYOUT, JIGANI, ANEKAL, BANGALORE, KARNATAKA-560105.

2. SUFIYAN PASHA S/O SHEIK BABU, AGED ABOUT 29 YEARS, R/AT NO.42, 11TH MAIN ROAD, OPP WATER TANK, BTM 1ST STAGE, BANGALORE SOUTH, BANGALORE,

Digitally signed   3.    SALMAN PASHA
by NAGAVENI              S/O BABU,
Location: HIGH           AGED ABOUT 32 YEARS,
COURT OF                 R/AT NO.51,

KARNATAKA 8TH MAIN, HARMONI APARTMENT, VTC DHARMARAM COLLEGE, BANGALORE,

4. SHEIK ZUBAIR PASHA S/O BABJAN, AGED ABOUT 21 YEARS, R/AT NO.70/A, 10TH MAIN, 1ST CROSS, BTM LAYOUT, 1ST STAGE, BANGALORE. -2-

5. SUSAN @ SYED SHEHAZAAN PASHA S/O SYED AZMATHULLA, AGED ABOUT 30 YEARS, R/AT NO.22, 2ND CROSS, BANGALORE-560029 …PETITIONERS (BY SRI. SYED KHALEEL PASHA, ADVOCATE) AND:

1. THE STATE OF KARNATAKA REP. BY JIGANI POLICE, BANGALORE REP. BY PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001

2. TAJUNISSA

W/O PASHA, AGED ABOUT 50 YEARS, R/AT C/O ARIF, JIGANI TOWN, RAJIV GANDHI NAGAR, NEAR NITHYANANDA HIGH SCHOOL, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT, KARNATAKA-562106 …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.40/2023 REGISTERED BY JIGANI P.S FOR AN ALLEGED OFFENCE P/U/S 143, 147, 148, 149, 323, 341, 354, 504, 506 OF IPC, WHICH IS PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA -3-

ORAL ORDER

Learned Additional State Public Prosecutor Sri.B.N.Jagadeesha submits that during the pendency of the petition, the police after investigation have filed the final report-charge sheet.

2. In the light of filing of the charge sheet, learned counsel appearing for the petitioners seeks leave of this Court to withdraw the petition and rise a challenge to the charge sheet.

3. Liberty so sought is granted. The petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 5